The entry into force of the General Telecommunications Law did not mean the definitive end of commercial calls. In fact, many of us continue to receive them. But what is the reason? We will tell you.
The entry into force of the General Telecommunications Law During the month of June last year, it has not been effective enough to put an end to annoying commercial calls. Despite its express prohibition, many of us continue to receive calls from all kinds of companies with which we currently have no connection.
But what is the reason for these calls continuing to occur? The explanation can be found in some of the exceptions that are contemplated in this legal framework. Below we will tell you some of them.
Express consent
One of the most common causes is explained by the express consent that we have provided to any service provider during the signing of the contract. Although many of us do not stop to read all the pages of the contracts we sign when hiring a new service, Many of them include express consent for the company to contact us for commercial purposes.
He Article 66 This law states that users have the right to “not to receive unwanted calls for commercial communication purposes, unless the user has given prior consent to receive this type of commercial communication.The solution is to read carefully what we signed and, if we do not agree with the terms of commercial calls, to inform the company in question so that they stop calling us.
Legitimate interest
Another interesting aspect of this law is the concept of “legitimate interest”. In the same article mentioned previously, it is also stated as an exception that for calls to continue being made “the communication may be covered by another basis of legitimacy than those provided for in article 6.1 of Regulation (EU) 2016/679 on the processing of personal data”.
If we access said articlewe find the following statement, the treatment will be lawful if “It is necessary for the satisfaction of legitimate interests pursued by the data controller or by a third party”. A term ambiguous enough that the very Spanish Data Protection Agency publish some clarifications to understand the criteria that determine whether such interest exists, but which may serve to protect companies’ communications in certain circumstances.
These are just two scenarios that are worth knowing to understand why many of us are still receiving the classic commercial calls. However, there are more elements that can explain this situation. One of them can be found in the assumption that the company in question decides to subcontract a commercial department abroad that is in charge of making these calls. Although the AEPD has stated that these companies can also be prosecuted, we cannot forget that according to the OCU, only the 33% of sales calls They allow us to identify who is behind it. Therefore, the complexity is maximum.
Although the aforementioned legal framework has allowed reduce the number of interruptions that we have in our daily lives, it is always advisable to accompany it with apps that allow us to restrict calls and reduce disturbances.
